27 Cited authorities

Allen v. McCurry
449 U.S. 90 (1980) Cited 5,773 times 3 Legal Analyses
Holding that under res judicata, parties may not "relitigat[e] issues that were or could have been raised" in a prior action
Montana v. United States
440 U.S. 147 (1979) Cited 3,602 times 3 Legal Analyses
Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"
Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)
677 F.3d 869 (9th Cir. 2012) Cited 274 times 1 Legal Analyses
Holding that "where a party has done nothing by its own inaction to encourage or permit developments to proceed without its participation, courts should be cautious about reaching a conclusion of equitable mootness"
In re Kashani
190 B.R. 875 (B.A.P. 9th Cir. 1995) Cited 207 times 2 Legal Analyses
Holding section 959 did not apply to breach of fiduciary duty and negligence claims arising from, inter alia, Chapter 11 trustee's failure to sell or attempt to sell estate property in timely manner so as to realize best possible benefit to bankruptcy estate and trustee's engagement in speculative real estate venture in which trustee had no prior experience and without consultation and aid of experienced real estate developer
McClain v. Apodaca
793 F.2d 1031 (9th Cir. 1986) Cited 225 times
Holding that there was an identity of claims despite plaintiff's request for different contractual remedies in each suit because "[w]hat is at issue is the preclusiveness of the judgment in the previous action as to the legal harm for which McClain seeks redress in his second action."
Rein v. Providian Financial Corp.
270 F.3d 895 (9th Cir. 2001) Cited 144 times
Finding that "the collateral attack doctrine does not apply to [plaintiff] because his claims were never addressed by a prior order or judgment"
In re Roberts Farms, Inc.
652 F.2d 793 (9th Cir. 1981) Cited 228 times 1 Legal Analyses
Holding that reversal of the confirmation order "would knock the props out from under the authorization for every transaction that has taken place, would do nothing other than create an unmanageable, uncontrollable situation for the Bankruptcy Court"
In re Frontier Properties, Inc.
979 F.2d 1358 (9th Cir. 1992) Cited 161 times 2 Legal Analyses
Holding that a bankruptcy order is not final unless it "1
In re Belli
268 B.R. 851 (B.A.P. 9th Cir. 2001) Cited 99 times
Holding reviewing court lacks jurisdiction under § 158 to review bankruptcy judge's order that has not "finally dispose[d] of the last open claim"
In re Roderick Timber Co.
185 B.R. 601 (B.A.P. 9th Cir. 1995) Cited 112 times
Affirming the importance of awarding fees to the trustee "`to the level that has been proven to be actual, necessary and reasonable'" by putting the applicant to its burden of proof under section 330
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,492 times 143 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 40,825 times 57 Legal Analyses
Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
Section 1292 - Interlocutory decisions
28 U.S.C. § 1292 Cited 22,380 times 196 Legal Analyses
Granting appellate jurisdiction over certain types of interlocutory orders
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,266 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 158 - Appeals
28 U.S.C. § 158 Cited 18,165 times 57 Legal Analyses
Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts
Section 541 - Property of the estate
11 U.S.C. § 541 Cited 14,408 times 74 Legal Analyses
Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"
Rule 9019 - Compromise and Arbitration
Fed. R. Bankr. P. 9019 Cited 1,435 times 10 Legal Analyses
Granting the bankruptcy court authority to approve a settlement entered into by the trustee
Section 1121 - Who may file a plan
11 U.S.C. § 1121 Cited 881 times 5 Legal Analyses
Giving debtor, which is usually controlled by old shareholders, exclusive 120-day period in which to propose plan
Rule 8003 - Appeal as of Right-How Taken; Docketing the Appeal
Fed. R. Bankr. P. 8003 Cited 654 times
Stating that “[i]f a party is proceeding pro se, the clerk must send the notice of appeal to the party's last known address”
Rule 7024 - Intervention
Fed. R. Bankr. P. 7024 Cited 182 times 1 Legal Analyses
Applying Fed.R.Civ.P. 24 to adversary proceedings

Global Brands, Inc. v. Wynn Las Vegas LLC et al

27 Cited authorities

Holding that under res judicata, parties may not "relitigat[e] issues that were or could have been raised" in a prior action

Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"

Holding that "where a party has done nothing by its own inaction to encourage or permit developments to proceed without its participation, courts should be cautious about reaching a conclusion of equitable mootness"

Holding that there was an identity of claims despite plaintiff's request for different contractual remedies in each suit because "[w]hat is at issue is the preclusiveness of the judgment in the previous action as to the legal harm for which McClain seeks redress in his second action."

Finding that "the collateral attack doctrine does not apply to [plaintiff] because his claims were never addressed by a prior order or judgment"

Holding that reversal of the confirmation order "would knock the props out from under the authorization for every transaction that has taken place, would do nothing other than create an unmanageable, uncontrollable situation for the Bankruptcy Court"

Holding that a bankruptcy order is not final unless it "1

Holding reviewing court lacks jurisdiction under § 158 to review bankruptcy judge's order that has not "finally dispose[d] of the last open claim"

Affirming the importance of awarding fees to the trustee "`to the level that has been proven to be actual, necessary and reasonable'" by putting the applicant to its burden of proof under section 330

Holding party seeking fees may additionally seek "nontaxable expenses"

Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

Granting appellate jurisdiction over certain types of interlocutory orders

Allowing service by filing papers with the court's electronic-filing system

Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Granting the bankruptcy court authority to approve a settlement entered into by the trustee

Giving debtor, which is usually controlled by old shareholders, exclusive 120-day period in which to propose plan

Stating that “[i]f a party is proceeding pro se, the clerk must send the notice of appeal to the party's last known address”

Applying Fed.R.Civ.P. 24 to adversary proceedings